Can a jury be found to have found that "fear of death or injury" constituted "jeopardy"?
MultiRegion, United States of America
The following excerpt is from United States v. Marshall, 427 F.2d 434 (2nd Cir. 1970):
Appellants' contention is that this charge was error insofar as the jury could have found that "fear of death or injury," rather than an objective state of danger, constituted "jeopardy." Cf. United States v. Donovan, 242 F.2d 61 (2d Cir. 1957) (interpretation of "jeopardy" provision of 18 U.S.C. 2114). If we did not require a finding that lives were objectively in danger, it would be impossible to distinguish
[427 F.2d 438]
subsection (d) of section 2113 from subsection (a), which prohibits robbery "by force or violence, or by intimidation."[427 F.2d 438]
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